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I know someone who got extra severance conditional on non-disparagement when leaving a pretty modest Canadian tech company. Is this a more rare event than I th

by jdc 6y ago

I know someone who got extra severance conditional on non-disparagement when leaving a pretty modest Canadian tech company. Is this a more rare event than I thought?

Supermancho 6y ago
It's pretty rare. Never have I ever met anyone who had or would sign such an agreement. Given my income bracket, I should have by now if it was merely uncommon. Then again, maybe not admitting to the agreement is part of the agreement. Insidious.
- dfadsadsf 6y ago
  Worked in three companies and in all of them every single fired (as was the case here) individual was offered severance. Usually it's 2 months + 2 weeks per year of work but higher severances are routinely offered if company feels person can be a problem. 64k (4-5 months of pay) is essentially go away money - not FB trying to really hush somebody. Even baseless rejected EEOC complain will cost more to resolve.
  - Supermancho 6y ago
    I was not talking about "severance" per se, but about a non-disparaging agreements. I would agree that severance is typical. That being said, California, Oregon, Washington State, Georgia, getting 4-5 month's pay as severance? That doesn't even make sense from a business perspective, imo. If you're small enough you are face to facing investors, everyone has experience with volatile employees. If you're larger, you don't care about a single player anyway. That's just my experience.
    - dfadsadsf 6y ago
      Most (if not all) severance agreements in case of firing include non-disparagement. Severance is just cost of business - HR sees volatile employee and automatically offer severance with not-sue, not-disparage agreement. Employment lawyers are $600/hour and a huge distraction. http://www.shpclaw.com/Schwartz-Resources/severance-and-release-agreements-six-6-common-traps-and-a-rhetorical-question?p=11399 http://www.shpclaw.com/Schwartz-Resources/severance-and-rele...
      - Supermancho 6y ago
        > Most (if not all) severance agreements in case of firing include non-disparagement. I've never seen it. Employment lawyers are very happy to take cases against companies, who have money. Just like non-competes, they have been dropped from contracts over the last few decades (severability applies anyway) on the west coast.
    - dfadsadsf 6y ago
      As a personal anecdote in California, somebody I managed got 1 month of fake employment (technically employed but without access to anything) + 2 month severance after being fired after 8 months on the job without any push from me or fired employee. And he was extremely nice and non-confrontational, just could not do the job.
- orev 6y ago
  It’s not rare, it’s common. Especially in the world of social media where people can leave reviews, etc.
gkop 6y ago
Yes, grandfather comment is overly dramatic. What you’re describing is the status quo termination agreement that companies require you sign in exchange for a severance payout. When people don’t have first-hand knowledge of unethical and dramatically harmful behavior by the company, and often even when they do, they sign it because they want the severance. What’s unusual in this case is not only did Sophie courageously speak up internally and now publicly, she selflessly forfeited her severance payout.
- notyourwork 6y ago
  > she selflessly forfeited her severance payout. Without discrediting her desire for the greater good. It is a lot easier to turn this kind of money done when you consider compensation in these big tech companies. To most $64k sounds like a lot, for a big tech employee that could be a fraction of one stock vesting event. She worked there for over a year so she at least saw one vesting event and Facebooks stock has been explosive over last year. She very well could have net $100k or more in a single vesting event. I'm sure she has enough money to tide her over until her next job.

by jdc 6y ago

I know someone who got extra severance conditional on non-disparagement when leaving a pretty modest Canadian tech company. Is this a more rare event than I thought?

Supermancho 6y ago

It's pretty rare. Never have I ever met anyone who had or would sign such an agreement. Given my income bracket, I should have by now if it was merely uncommon. Then again, maybe not admitting to the agreement is part of the agreement. Insidious.

dfadsadsf 6y ago
Worked in three companies and in all of them every single fired (as was the case here) individual was offered severance. Usually it's 2 months + 2 weeks per year of work but higher severances are routinely offered if company feels person can be a problem. 64k (4-5 months of pay) is essentially go away money - not FB trying to really hush somebody. Even baseless rejected EEOC complain will cost more to resolve.
- Supermancho 6y ago
  I was not talking about "severance" per se, but about a non-disparaging agreements. I would agree that severance is typical. That being said, California, Oregon, Washington State, Georgia, getting 4-5 month's pay as severance? That doesn't even make sense from a business perspective, imo. If you're small enough you are face to facing investors, everyone has experience with volatile employees. If you're larger, you don't care about a single player anyway. That's just my experience.
  - dfadsadsf 6y ago
    Most (if not all) severance agreements in case of firing include non-disparagement. Severance is just cost of business - HR sees volatile employee and automatically offer severance with not-sue, not-disparage agreement. Employment lawyers are $600/hour and a huge distraction. http://www.shpclaw.com/Schwartz-Resources/severance-and-release-agreements-six-6-common-traps-and-a-rhetorical-question?p=11399 http://www.shpclaw.com/Schwartz-Resources/severance-and-rele...
    - Supermancho 6y ago
      > Most (if not all) severance agreements in case of firing include non-disparagement. I've never seen it. Employment lawyers are very happy to take cases against companies, who have money. Just like non-competes, they have been dropped from contracts over the last few decades (severability applies anyway) on the west coast.
  - dfadsadsf 6y ago
    As a personal anecdote in California, somebody I managed got 1 month of fake employment (technically employed but without access to anything) + 2 month severance after being fired after 8 months on the job without any push from me or fired employee. And he was extremely nice and non-confrontational, just could not do the job.
orev 6y ago
It’s not rare, it’s common. Especially in the world of social media where people can leave reviews, etc.

gkop 6y ago

Yes, grandfather comment is overly dramatic. What you’re describing is the status quo termination agreement that companies require you sign in exchange for a severance payout. When people don’t have first-hand knowledge of unethical and dramatically harmful behavior by the company, and often even when they do, they sign it because they want the severance. What’s unusual in this case is not only did Sophie courageously speak up internally and now publicly, she selflessly forfeited her severance payout.

notyourwork 6y ago
> she selflessly forfeited her severance payout. Without discrediting her desire for the greater good. It is a lot easier to turn this kind of money done when you consider compensation in these big tech companies. To most $64k sounds like a lot, for a big tech employee that could be a fraction of one stock vesting event. She worked there for over a year so she at least saw one vesting event and Facebooks stock has been explosive over last year. She very well could have net $100k or more in a single vesting event. I'm sure she has enough money to tide her over until her next job.